These are the Acceptable Use Policies (AUP) of HostTrade. All clients of HostTrade Hosting agree to abide by these policies. HostTrade reserves the right to change and update these policies as it sees necessary.
Introduction
The primary purpose of HostTrade Hosting is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is HostTrade intention to allow HostTrade users complete access to everything the Internet has to offer, with minimal or no interference from HostTrade.
However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as HostTrade, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because HostTrade runs multi-user systems, actions of one HostTrade customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all HostTrade users.
To this end, HostTrade has developed these Acceptable Use Policies. They are intended to inform HostTrade Customers of what HostTrade considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions HostTrade may take, with or without notice, in the event that HostTrade becomes aware of inappropriate use of HostTrade service. This AUP will be used to help HostTrade system administrators deal with complaints from users of HostTrade or other Internet-connected systems, and to determine when action should be taken.It is expected that all HostTrade Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of HostTrade technical resources, ability to continue to provide high quality service to its customers, and the protection of HostTrade reputation as a service provider.
ACCESS TO HOSTTRADE INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. Warranties/Disclaimers
HostTrade Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to HostTrade or any information or software therein. You release HostTrade from and HostTrade shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the HostTrade services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by HostTrade own negligence. Without limiting the generality of the foregoing, HostTrade disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the HostTrade services. In no event shall HostTrade aggregate liability exceed the amount paid by you to HostTrade for the HostTrade services. Use of any information obtained via HostTrade Internet service is at the user's own risk. HostTrade specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
2. Security
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. HostTrade will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. HostTrade is not liable for any usage and or charges prior to HostTrade making the necessary account alteration. Electronic mail on this system is as private as we can make it. HostTrade Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted - and even encrypted information is only as secure as the encryption method utilized.
3. Personal Files
HostTrade is not responsible for any Customer's personal files residing on HostTrade. The Customer is responsible for independent backup of the Customer's data that is stored on HostTrade. HostTrade reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between HostTrade and the Customer.
4. Non-Transferability of Account
The right to use HostTrade Internet service is not transferable. Use of HostTrade accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
5. Network Address Ownership
Any network address assignments issued by HostTrade (i.e., IP addresses and Class C address space) are the property of HostTrade and are considered to be loaned to its customers. In the event service with HostTrade is discontinued for any reason, such addresses will revert to HostTrade. If a Customer of HostTrade participates in a service of HostTrade which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by HostTrade.
6. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on HostTrade service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on HostTrade. The Customer shall defend, indemnify and hold harmless HostTrade from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the HostTrade service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with HostTrade or HostTrade Acceptable Use Policies. At HostTrade discretion, HostTrade may revoke any Customer's access to HostTrade services or accounts for inappropriate usage.
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by HostTrade and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, HostTrade reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a HostTrade Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).
(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than HostTrade and using an account on HostTrade as a mail drop for responses, or to draw attention to a web site housed within HostTrade networks.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by HostTrade.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts (SPAM). Free or paid distribution of email databases.
(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on HostTrade, whether on IRC servers controlled by HostTrade or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network-unfriendly activity: Attempts to interfere with the regular workings of HostTrade systems or network connections or which adversely affect the ability of other people or systems to use HostTrade services or the Internet, including, but not limited to:
any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other HostTrade system; any use of this or any other HostTrade system as a staging ground to disable other systems.
(j) Providing material that is grossly offensive to the web community including blatant expressions of bigotry, racism, hatred, or profanity.
(k) Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
(l) Providing illegal materials of sexual character (illegal pictures, text descriptions or any links to illegal materials).
(m) Placement on a hosting account of warez and mp3 sites.
(n) Any activity which violates the laws or statutes of the United States or the or international laws.
8. Excess Utilization of System or Network Resources
HostTrade account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event HostTrade determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by HostTrade to adversely affect HostTrade ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable.
9. Compliance with Rules of Other Networks
Any access to other networks connected to HostTrade Internet service must comply with the rules for that other network as well as with HostTrade rules.
10. Monitoring/Privacy
HostTrade reserves the right to monitor any and all communications through or with HostTrade facilities. Customer agrees that HostTrade is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for HostTrade employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. HostTrade also reserves the right to access a Customer's mailbox or other files stored on HostTrade systems to resolve system problems or mail system errors.
11. Cooperation with Authorities
HostTrade reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.
12. Confidentiality of Personal Subscriber Information
HostTrade will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that HostTrade judgment as to the validity of any court order of subpoena shall be considered proper and final.
13. HostTrade Right to Suspend or Cancel Account
HostTrade reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of HostTrade that the Customer may be performing activities harmful to HostTrade or its Customers, employees, vendors, business relationships or any other users of the Internet.
14. Right to Damages
HostTrade reserves the right to collect damages (software, hardware and man hours) if any harm is done to HostTrade which requires repair or reconfiguration of any kind.
15. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action HostTrade may take or remedies available to HostTrade in any way with respect to any of the described conduct. HostTrade reserves the right to take any additional actions HostTrade may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the HostTrade service, and levying cancellation charges to cover HostTrade costs in the event of disconnection of dedicated access for the causes outlined above. In addition, HostTrade reserves at all times all rights and remedies available to HostTrade with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and HostTrade reserves the right to enforce such policy or rule at its sole discretion.
16. HostTrade Right to Change Service
HostTrade reserves to right to change without notice the HostTrade service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
17. HostTrade Right to Send E-mail Newsletters and Announcements
HostTrade reserves right to send the customers an e-mail newsletters, announcements and advertising letters regarding site/service updates, other sites and services.
18. HostTrade Right to Modify its Acceptable Use Policies
HostTrade may modify its Acceptable Use Policies upon notice published online via HostTrade. Customer's use of HostTrade services after such notice shall constitute Customer's acceptance of the modifications to these policies.
19. Penalty Right
In the case client's rules infringement is obvious HostTrade have the Right to take penalty fees from this client of 200$.
20. Additional services regulation
All additional services such as additional technical support (i.e. installation of new (on customer request) software, setting up of additional services are subject to withholding of 7.0$ per hour fee.
21. Domain name re registration (prolong) option
If customer delay timely payment for domain name then overdue domain name registration is subject for 200$ fee. Or 76 days of delay before this domain can be released. |
